PERIODIC REVIEWS AND SMALL BUSINESS IMPACT REVIEWS
Vol. 42 Iss. 1 - August 25, 2025

TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Education conducted a periodic review and a small business impact review of 8VAC20-450, Regulations Governing Professional Development, and determined that this regulation should be repealed. The board is publishing its report of findings dated July 31, 2025, to support this decision.

While the regulation is clearly written and easily understandable, it is not necessary for the protection of public health, safety, and welfare. Since the regulation was promulgated a different version of the Standards of Quality (currently Chapter 13.2 (§ 22.1-253.13:1 et seq.) of Title 22.1 of the Code of Virginia) has been adopted, and the Licensure Regulations for School Personnel (currently 8VAC20-23). As the regulation is no longer relevant to the structure of professional development necessary for license renewal and is not currently in use, it should be repealed.

The agency has not received any comments on the regulation and is not aware of any complaints concerning the regulation. The regulation is not complex. It does not appear that the regulation overlaps with current state or federal law. The regulation has not been amended since it became effective in 1980. The agency's decision will not impact small business.

Contact Information: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Education conducted a periodic review and a small business impact review of 8VAC20-650, Regulations Governing the Determination of Critical Teacher Shortage Areas, and determined that this regulation should be amended. The board is publishing its report of findings dated July 31, 2025, to support this decision.

The regulation is clearly written and easily understandable and remains necessary for the protection of public health, safety, and welfare. The regulation is also required by statute. 8VAC20-650-10 will be amended to reflect the 10-year renewable license of § 22.1-298.1 of the Code of Virginia, which was amended pursuant to Chapter 749 of the 2018 Acts of Assembly; 8VAC20-650-20 will be amended pursuant to § 22.1-290.2 of the Code of Virginia; and 8VAC20-650-30 should be updated pursuant to § 22.1-290.01 of the Code of Virginia. The regulation was promulgated in 2003. Since that time, § 22.1-290.01 has been amended three times, and in 2020, § 22.1-290.2 was promulgated. Therefore, the regulation should be amended to reflect these statutory changes. There is a continued need for the regulation. No complaints or comments were received concerning the regulation. The regulation is not overly complex. This regulation does not overlap, duplicate, or conflict with federal or state law. This regulation has not been affected by changes in technology, economic conditions, or other factors since the chapter was promulgated in 2003. 8VAC20-650-30 was amended in 2009. The regulation has no impact on small businesses.

Contact Information: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Education conducted a periodic review and a small business impact review of 8VAC20-690, Regulations for Scoliosis Screening Program, and determined that this regulation should be retained as is. The board is publishing its report of findings dated July 31, 2025, to support this decision.

The regulation is necessary for the protection of public health, safety, and welfare in that it provides regulations for scoliosis screening programs in public schools as required by § 22.1-273.1 of the Code of Virginia. Regular scoliosis screening in the Commonwealth's public schools is vital to detection of the condition in children. The regulation seeks to ensure that screenings are uniformly and appropriately conducted across the state. The regulation is clearly written and easily understandable. The regulation will be retained.

Additionally, the board will consider combining this regulation with Regulations Governing the Testing of Sight and Hearing of Pupils (8VAC20-250) since the two regulations are commonly used by the same practitioners. By combining the two regulations concerned with administering medical screenings to students, the board will consolidate its regulatory catalog.

There is a continued need for the text of regulation. The agency has not received any comments and is not aware of any complaints concerning the regulation. The regulation is not complex. It does not appear that the regulation overlaps, duplicates, or conflicts with any other state or federal law or regulation. The regulation has been impacted by changes in technology, economic conditions, or other factors. The regulation has not been amended since it became effective on March 29, 2005. The agency's decision will not impact small business.

Contact Information: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Education conducted a periodic review and a small business impact review of 8VAC20-840, Virginia Child Care Provider Scholarship Program, and determined that this regulation should be repealed. The board is publishing its report of findings dated July 31, 2025, to support this decision.

While the regulation is clearly written and easily understandable, it is neither necessary for the protection of public health, safety, and welfare nor required to be contained in the board's regulatory catalog pursuant to § 2.2-4002 B 4 of the Code of Virginia.

The periodic review found that there is no longer a need for this regulation as the subject matter is topically exempt from the provisions of the Administrative Process Act.

The agency is unaware of any complaints concerning the chapter and received no comments during the periodic review. The regulation is not overly complex. The content of the regulation does not duplicate, overlap, or conflict with other state or federal laws or regulation, except the exemption from the Administrative Process Act cited. The regulation was last amended in 2021 when the chapter and program moved from the authority of the State Board of Social Services to the State Board of Education. Changes in technology, economic conditions, or other factors have not impacted this regulatory chapter. The agency's decision is not expected to have any impact on small business.

Contact Information: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov.

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Reports of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Water Control Board conducted periodic reviews and small business impact reviews of 9VAC25-660, Virginia Water Protection General Permit for Impacts Less Than One-Half Acre; 9VAC25-670, Virginia Water Protection General Permit for Facilities and Activities of Utility and Public Service Companies Regulated by the Federal Energy Regulatory Commission or the State Corporation Commission and Other Utility Line Activities; 9VAC25-680, Virginia Water Protection General Permit for Linear Transportation Projects; and 9VAC25-690, Virginia Water Protection General Permit for Impacts from Development and Certain Mining Activities, and determined that these regulations should be amended. The Proposed Actions, which are published in this issue of the Virginia Register, serve as the reports of findings.

Contact Information: Brenda Winn, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-2675, or email brenda.winn@deq.virginia.gov.